Has served 14 years of a 32-year sentence
COLORADO SPRINGS, COLO. -- A man convicted of killing a 17-month-old in 1995 has won a new trial 15 years later.
In May 1996, Cesar Deanda was convicted of child abuse resulting in death, of his girlfriend's son, Donivan Bader.
On March 26, 1995, Donivan's mother, Tracy Akers, had left her son with Deanda while she went to get diapers. When she returned the boy was in the hospital with severe head trauma.
Detectives said his injuries were consistent with having been shaken.
Then last September, the Colorado Court of Appeals issued their decision to retry Deanda on the grounds his attorney, Mark Hanchey, had a conflict of interest when he called his then law partner as a witness in the trial.
Meanwhile, Donivan's family said the whole ordeal has been an emotional roller coaster.
"I do not have any justice, period. He has only served 14 years," Donivan's grandmother Mary Bader said.
Bader said she will not rest until Deanda is back in jail to finish his 32-year prison sentence. She said it makes her sick to know he is out walking the streets again.
"It is like he is killing my grandbaby all over again, and you know I cannot go bury him again," Bader said.
Bader said her family was shocked and disheartened when they heard Deanda would receive a new trial, and be released from prison in the meantime.
She said it brought back memories of Donivan's time in the hospital and the day of his funeral.
"Donivan has been gone 16 years, and this October he will be 17 years old, and you know what, there is no getting over this because we live it every day," Bader said.
In honor of Donivan's life, Bader and her family released 16 balloons into the sky Tuesday. They said in the years since his death, they have been fighting to prevent abuse.
"I have to fight for these kids, because this keeps happening, it has to stop, and nobody seems to understand that because they want to turn a cheek, but until you walk in our shoes you are not going to know what death is," Bader said.
The Baders said they hope Deanda will be found guilty a second time.
"I just wish they would slap him with the book and say you will never be allowed on the streets again, but that is not going to happen," Bader said.
FOX21 News did speak with the district attorney's office about the case, they told reporters they could not comment on it because it is active.
FOX21 News also spoke with Hanchey, who said he has not been given an explanation by the court of appeals as to what he did wrong.
Deanda's preliminary hearing is set for Friday; his new trial is scheduled to begin in July.
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